Determining Fault in Personal Injury Cases

Fault plays a key role in how personal injury claims and lawsuits play out. To receive compensation in a personal injury claim with another person’s insurance, you must be able to prove that that person was responsible for your injury. Usually, this is through an accident that causes your injury. For example, a drunk driver that hit you and caused an injury is liable for your injury because they were acting negligently by driving under the influence. You can make a claim with their insurance, but your proof needs to be solid. Here’s how fault is determined in personal injury cases.

Definition of Negligence

Negligence is when someone acts recklessly and, as a result, affects the safety of others. Negligence can happen in all kinds of situations, including on the road, in the workplace, or simply on someone’s property. If it can be proved that one party was negligent, they can be sued or a claim can be made against their insurance to cover the expenses of those who were injured.

Types of Negligence

There are several different types of negligence, and the one that applies to you depends on your state laws. Some states have negligence laws that only allow one party to be held liable for the accident. Others split the negligence between the two parties, and you can either get some of the compensation or none at all. Others still are no-fault states, where you can only file with personal insurance.

Proving Negligence

Proving negligence can be easier said than done, especially if you think you may be partially at fault for the accident. No matter what you think, don’t tell the police that you are guilty when they take your statement; only tell them the facts of what happened. To help with your case, take pictures of the scene and interview witnesses who saw what occurred. Get a copy of the police report and seek medical attention immediately so that you have a doctor report verifying your injury. Keep records of your expenses so that you know how much to file for later.

Negligence is often not a clean-cut situation. If the other party claims that you were partially negligent, you may need legal help to get full compensation for your injury costs. Calling a lawyer to talk about your case can put your mind at ease and help you understand where your claim stands. To find out if you have a case, contact a personal injury lawyer, like the office of The Law Firm of Frederick J. Brynn, P.C.

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